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    <title>1964 (3) TMI 107 - Supreme Court</title>
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    <description>A prior acquittal on a distinct charge did not bar a later prosecution for separate offences under autrefois acquit or the statutory prohibition on a second trial for the same offence, but a final finding of fact essential to the earlier acquittal remained binding. Where a competent criminal court had already conclusively found that the accused was not present at the scene, the prosecution in a later proceeding between the same parties could not lead evidence contradicting that finding. The rule applied was issue estoppel, which operates independently of the Code&#039;s bar against retrial for the same offence. The acquittal was therefore sustained.</description>
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    <pubDate>Wed, 11 Mar 1964 00:00:00 +0530</pubDate>
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      <title>1964 (3) TMI 107 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=199197</link>
      <description>A prior acquittal on a distinct charge did not bar a later prosecution for separate offences under autrefois acquit or the statutory prohibition on a second trial for the same offence, but a final finding of fact essential to the earlier acquittal remained binding. Where a competent criminal court had already conclusively found that the accused was not present at the scene, the prosecution in a later proceeding between the same parties could not lead evidence contradicting that finding. The rule applied was issue estoppel, which operates independently of the Code&#039;s bar against retrial for the same offence. The acquittal was therefore sustained.</description>
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      <pubDate>Wed, 11 Mar 1964 00:00:00 +0530</pubDate>
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